Roman Polanski attorneys may have provoked arrest by complaining L.A. wasn't serious about arresting director

Roman Polanski’s attorneys may have helped provoke his arrest by complaining to an appellate court this summer that Los Angeles prosecutors had never made any real effort to arrest the filmmaker in his three decades as a fugitive, two sources familiar with the case told The Times.

The accusation that the Los Angeles County district attorney’s office was not serious about extraditing Polanski was a small part of two July court filings by the director’s attorneys. But it caught the attention of prosecutors and led to his capture in Switzerland on Saturday, the sources said.

Polanski, 76, was taken into custody at the airport in Zurich, where he was scheduled to headline the city’s film festival. Details of his appearance were widely available on the Internet. Variety also reported his planned attendance in August, the month after Polanski’s attorneys had filed two separate documents with the 2nd District of the state Court of Appeal asking for a dismissal of the 32-year-old child sex case against the filmmaker.

In both, the lawyers alleged that the district attorney’s office in effect benefited from Polanski’s absence, because as long as he remained a fugitive, officials could avoid answering allegations of prosecutorial and judicial wrongdoing in the original handling of the case.

“The district attorney’s office, in the 30 years since Mr. Polanski left the jurisdiction, has not once sought to have him extradited. If it had, there would have been a hearing regarding misconduct in this case,” wrote the attorneys, Chad Hummel, Douglas Dalton and Bart Dalton, in a July 7 filing.

Twenty days later, they filed a second document and raised the issue again in a footnote. “Combined with the fact that no effort has been made to extradite Mr. Polanski, the intent here is clear: invoke a physical absence which they caused and deliberately perpetuate in order to preserve the unconstitutional status quo and never address the misconduct head on,” the lawyers wrote. 

The allegations prompted the district attorney’s office to look for an opportunity to seize Polanski, and his appearance in Switzerland, which has an extradition treaty with the U.S., provided such a chance, said the sources, who spoke to The Times on the condition that they not be named because it was an ongoing investigation.

In bemoaning Polanski’s arrest, his supporters have noted that in recent years the director traveled widely in Europe without fear of arrest and even owned a home in Switzerland.

The arrest has become an international incident, with France and Poland demanding that the famed director be released on bail and questioning why he was taken into custody.

The district attorney's office wants Polanski extradited to face charges that he sexually assaulted a 13-year-old girl in 1977.

French Foreign Minister Bernard Kouchner told France-Inter radio that he and Polish Foreign Minister Radek Sikorski asked Secretary of State Hillary Rodham Clinton that Polanski be released on bail, calling his arrest  a "bit sinister."

French Culture Minister Frederic Mitterrand was quoted in French media as saying, "In the same way that there is a generous America that we like, there is also a scary America that has just shown its face."

Swiss authorities told the Associated Press that bail has not been ruled out, but the director would have to stay in Switzerland.

Robert Harris, a British novelist who had worked with Polanski, said in a statement that he believed the arrest was "politically motivated." "I am shocked that any man of 76, whether distinguished or not, should have been treated in such a fashion," he said.

-- Harriet Ryan and Richard Winton

Photo: Polanski leaves court on Sept. 19, 1977, after being ordered to undergo a 90-day diagnostic study at a state prison. Credit: Associated Press

Comments

[Silvia]

Roman Polanski is a wonderful director, he also experienced more than enough tragedy to last a few lifetimes. However, he was in his forties when he raped a child. Whether she forgives him or not, he is accountable for his actions. Raping young girls is a crime and Polanski or not, he is responsible to pay his debt for that crime.

[BobbyG]

I simply cite five uncontested facts, and one assertion. Roman Polanski [1] drugged, [2] raped, [3] sodomized [4] a then- 13 year old minor female. He subsequently [5] unlawfully fled the criminal jurisdiction.

He should be returned to California and incarcerated there for the period and in the manner appropriate for such felony offenses. Some things in life are simple.

[Biblethumper]

Hey, did Roman take any bathtub time pictures of his kids and turn them into Wal Mart? If so, let's get em!

[Paul]

You know what would scare me more than getting caught for something I did do? Getting arrested, tried and convicted of a crime I DID NOT DO. Polanski, like many civilians when dealing with the corrupt legal system (hmmmm...like any system in a capitalistic society is free of corruption), was duped into a plea deal then screwed for political reasons. Now..he's being screwed again. The amazing thing is how fast this country has turned from "innocent until proven guilty" to the exact opposite....with sound bites and slick editing coming from our media feeding the fire.

[susan]

I think there's a lack of knowledge in europe on the original charges. they're extremely serious. A lot of people think he had a consensual relationship with a 15 year old, which is not the same instance. He drugged and brutally assaulted a 13 year old girl. People are put away for that in France, too.

[Bill T]

If it happened a long time ago, and girl didn't really mind being raped, and the mother didn't really mind if her daughter was raped, and the guy admitted to it but then jumped bail, and the guy is talented, then that all means he's special. So the ordinary rules shouldn't apply and we should just forget it.

Sometimes the Hollywood Kiss-Up mentality is just awesome to behold.

[Stan Smith]

It is only fitting that the lifetime achievement award he receives is one for raping a 13 year old he drugged beforehand. That is his legacy, one far more revealing of the true man he was, than was his cinematic directorial talent.

[Ron Larson]

There were two crimes here. Polanski's rape, and the DA's failure to actively pursue him.

Contrary to his attorney's assertion, two wrong do not make a right.

[Surprised]

So surprised he has supporters - he raped a 13 year old and fled. 13 year old.

[David]

No bail for Polanski. He is a flight risk. He did it once, if released again he would simply never leave France again.

Also, the French obviously think that if someone is a famed film director they should be absolved of all criminal wrongdoing -- even the most despicable crimes. Maybe in France they believe in two systems of justice -- one for the rich and one for everyone else. But here we don't. France and other Europeans must respect our laws ... especially since they want their own laws respected.

[Peter Lee]

Commenter codymccall's familiarity with Victor Hugo's novel Les Miserables and its character Inspector Javert seems to end with knowing their names. He seems entirely unfamiliar with the actual story or theme of the book. Javert relentless pursued a man convicted of stealing a loaf of bread out of hunger. Are we seriously supposed to think drugging and raping a 13-year-old at a Hollywood party held at Jack Nicholson's house is comparable to a desperate hungry man taking some food? Like so many of Polanski's defender, codymccall have a very warped and indefensible sense of justice, logic and reason.

[F Zamarripa]

I applaud the District Atty's office for getting a fugitive. Even though Polanski paid a settlement to this lady, he is not above the law. No one is!

[mindkandy]

"Robert Harris, a British novelist who had worked with Polanski, said in a statement that he believed the arrest was "politically motivated." "I am shocked that any man of 76, whether distinguished or not, should have been treated in such a fashion," he said."

Too bad Hitler didn't live long enough to win Mr. Harris' graces. What a stupid comment!

[ColoradoRob]

Of course he should be brought back and held accountable for Drugging and Raping a Child. I'm sure she was handsomely paid to forgive and forget, but no matter what the circumstances he still Drugged and Raped a Child. And Shame on Hollywood and his Movie Business Friends for acting so outraged over this!!!

[enrique]

Justice has been served.Thank you Switzerland for not being neutral on this issue. And by the way. I'm an artist, not famous yet, but it doesn't put us above the law.

[bubbles]

go to www.thesmokinggun.com where one can read the victim's deposition on what happened. some thing that stand out to me was his decision to engage in anal sex with the child as a means of avoiding getting her pregnant. it's absolutely vile what he did and i have zero sympathy for his plight. in addition, the age of consent, even in france in 1978 was 15. the age of consent in california has never been 13. please stop defending him and allow justice to run its course.

[Bill T]

Even if we set aside the moral debate of providing drugs and alcohol to 13 year olds, there is still the crime for which he admitted guilt: Voluntarily having sex with a drugged 13 year old. He was 44 at the time. We barely tolerated that kind of behavior from 16 year old boys, even in the 1970s! By age 44 he was presumed to have something above a 16 year old's judgment.

And another thing: what court would allow a person to flee the jurisdiction, and then drop the charges while they are still on the run? That would be an invitation to every accused to jump bail and stay on the run until the prosecution got too tired to keep looking.

[Ed]

'The district attorney's office wants Polanski extradited to face charges that he sexually assaulted a 13-year-old girl in 1977."

This is not corrected he plea guilty to rape of a 13 year old girl he fled before sentencing. The district attorney's office wants Polanski extradited to face sentencing for a crime he said he did. The only way he has remain free is because of his Fame and his money. Also because France has shielded him because he is a French citizen and they don't care if someone has committed even a murder they will not extradite a french citizen to the US.

As far as there out rage of the arrest they should think about how they would fell if it was there 13 year old child that was raped.

[Yoga]

Polanski's lawyers' comments are a bit disingenous.

"The district attorney’s office, in the 30 years since Mr. Polanski left the jurisdiction, has not once sought to have him extradited. If it had, there would have been a hearing regarding misconduct in this case,” wrote the attorneys, Chad Hummel, Douglas Dalton and Bart Dalton, in a July 7 filing.

Maybe if he hadn't run or had returned of his own volition there could have been just the hearing his attorneys imply they want.

[cam]

Are people stupid? Yes they are. Commit a crime, flee for an extended period of time and avoid capture. Then get caught and the law should just forget about it. Is that what the stupid people are saying, really come on stupid people of america and stupid frenchy, get a clue. A crime 30 years ago is till a crime today. Sex with a minor is still sex with a minor whether the minor consented or not.

[M. Ross]

What the Euro-elite argue, without the slightest trace of irony, is that there should be a special set of laws for Mr. Polanski than for the rest of us. If his name were Roman Smith, these same breast-beating apologists would instead be giving accolades to the American justice system for prosecuting this "Cold case" against a child molester. And the weight given the statement of forgiveness by his victim, now in middle age, should be weighed against her answer to the question of how she would like it if her own thirteen-year old were sexually assaulted by a 46-year old. Now if we could just get the Los Angeles District Attorney Cooley off of his ass regarding Cardinal Mahony's coverup of his sexual predator priests.

[Rosee]

Mr. Polanski was a fugitive and he must be made to come back to Los Angeles and face our judicial system...as he should have 30+ years ago!

The Swiss should not give him the option of bail as he has already proven that he IS a flight risk.

It is disgusting that France and Poland put forth their political weight for this fugitive!

Just because he is an award winning director it makes no difference to Lady Justice...he was touch enough to do the crime...now do the time.

[Evin Daly]

He was found guilty of the criminal charge of having sex with a 13 year old. He ran from sentencing. How should he be treated other than as a criminal?

[Jo Ellis]

I am English. And I am heartily glad Mr Polanski has been taken into custody.

I've read the testimony He "groomed" this girl over a few days. Being so nice and taking photos. Then finally he drugged her and raped her - a 13 year old girl - both anally and vaginally. He planned it He is despicable and I don't care who he is, he needs to be held accountable. I don't care if it happened years ago either. I don't care if the victim has said leave it be. I care that justice is served.

Just want to make it clear that not everyone in Europe is on his "side". Far from it. I've not come across anyone who feels he doesn't deserve all he gets. The only ones who show any sign of sympathy are they film buff types who don't want to see their art house movie hero slated. Well they can shove their sentiment quite frankly. The man may be a brilliant director but he is also a child molester and pervert and needs to be held accountable.

[banjobailey]

All this proves is that someone in Los Angeles wants to be re-elected or elected. It IS all political. Period. And, what "criminal" indictments and arrests are NOT???? Oh, yeah, outright murders, kidnappings, robberies and all crimes commited by ordinary people.
Beyond that, nothing, nothing, nothing. I am guessing that those of you who are so outraged by his crime, although his victim no longer is, are the same people who think it is just dandy that the government of the United States commited all kinds of crimes against mankind and international and domestic law during the Bush years of governance. You are likely the first ones to support torture of anyone and everyone who is captured.
Well, of course, you must keep up a facade of "morality" and cry to the skies about all the children who are being victimized....but, that doesn't include foreigner children does it? Or, any other children who are not in your own political interest to protect.
The "child" Polanski violated has long ago come to grips with what happened to her. If we don't, it only means that we some kind of political axe to grind.